Policies and Procedures / Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Thank you for choosing TopSpin Table Tennis, LLC. We are glad that you will be joining us to play at our facility. Please review this agreement to be sure that you understand our club policies and procedures.
In consideration of being permitted to play at The TopSpin Table Tennis Center, I and/or my spouse and/or my minor child(s), our personal representatives, assigns, heirs, and next of kin:
- Acknowledge, agree and represent that I and/or my minor understand the nature of table tennis activities and that I and/or my spouse and/or my minor child(s) are qualified, in good health, and in proper physical condition to participate in such activity. I further agree that if at any time I believe conditions of equipment to be unsafe, I and/or my spouse and/or my minor child(s) will immediately discontinue further participation in the activity.
- Fully understand that (a) table tennis activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (*Risks*); (b) these risks and dangers may be caused by me and/or my child’s own actions, or inaction, or the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the “releases,” all individuals on your membership account; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at the time, and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I and/or my minor child incur as a result of my participation in the activity.
- Hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or death, even if caused, in whole or in part, by the negligence of the “releases,” all individuals on your membership account.
- Hereby release, discharge, and covenant not to sue TopSpin table tennis, LLC, their respective administrators, directors, agents, officers, officials, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “releases” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releases,” all individuals on your membership account, or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I and/or my spouse and/or my minor child(s), or anyone on my and/or my spouse and/or my minor child’s behalf, makes a claim against any of the releases, I will indemnify, save, and hold harmless each of the releases from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
- I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
- I agree that I, and/or my minor participant, in consideration of being permitted to participate at The TopSpin, grant the TopSpin and all released parties the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with The TopSpin Table Tennis Center to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to the release are without compensation of any kind. All photographs and/or recordings are exclusive to The TopSpin Table Tennis.
- If the participant is a minor, I agree that this release of liability and assumption of risk agreement (*release*) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this agreement.
- In consideration of not being required to sign a fresh copy of this agreement before each visit, I further agree that this agreement shall apply to all future visits by me or by the minor participant until he/she is 18 years old in full, including all paragraphs.
- Participants agree to read and abide by club rules, and any additional rules or rule changes as announced in TopSpin table tennis’ newsletter or on our at this page: theTopSpin.com/terms-of-use. In particular, please note our core values: respect each other, respect our equipment and the facility, be a good sportsperson, use appropriate child-friendly language, and have fun!
- Members will respect TopSpin’s table tennis tables and designated playing areas by not hitting, kicking, or otherwise damaging club tables or moving barriers off of the “candy-cane” outline.
- Membership constitutes entitlement only to the use of club facilities in accordance with the rules. Membership does not confer any interest in the club property, assets or financial management.
- Membership fees are non-refundable.
- Management reserves the right to increase membership fees with a 30-day advance notice.
- Family memberships include husband/wife/partner and all children, provided the children are unmarried sons or daughters under age 18.
- Membership agreement is non-transferable.
- Membership agreement includes subscription to recurring membership payments. This membership may be cancelled at any time prior to the renewal date by logging in to your account on www.theTopSpin.com or by contacting TopSpin’s front desk.
- We reserve the right to revoke membership at any time upon violation of our rules or core values.
- Members shall give the club written notice of any change of address, email or phone number or update these fields appropriately in their account portal.
- TopSpin reserves the right to charge fees for incidentals, drinks, events or special activities, league competitions, lessons, changes in membership status, returned checks, etc. The club reserves the right to change incidental fees at any time.
- TopSpin shall not be responsible or liable for articles lost, stolen or damaged on the club’s property.
- There is a $25.00 charge for each time a check is returned to us by your banking institution.
- All participants must either have an active membership or pay the single day drop in fee to play at TopSpin’s facility. Exempt from this are guests attending a private event.
- Lessons members may participate in open play during normal open play hours on the day of their regularly scheduled lesson.
- Members or drop-in players may not charge for coaching at TopSpin. Only TopSpin coaches are permitted to coach at TopSpin’s facilities.
- Coaching fees shall be paid at the time each lesson is booked. Lesson times will not be considered reserved until payment has been received.
- No refunds or credits will be given for private lessons canceled within 24 hours of the scheduled lesson time.
- Cancellations less than five days preceding the first class of a group lesson session are subject to a $50 cancellation fee.
- The TopSpin will be closed for posted holidays throughout the year. Membership fees are not prorated when the club closes due to holidays.
- Periodically, the TopSpin may have limited open table availability during regular business hours due to the facility being used for tournaments or other private parties/events. Any changes to regular business hours will be posted at TopSpin and on the website and other social media sites at least five days in advance.
- Members and drop-in players shall abide by TopSpin’s multiball use policy: Multiball use is permitted only in designated areas. Multiball zones may be reserved free of charge at TopSpin’s front desk.
- Members agree to abide by TopSpin’s challenge policy: All tables with challenge racks hanging from the table’s netpost are challenge tables. Players using challenge tables must accept an issued challenge or relinquish table to challenger.